Terms of Use

This User Agreement (“Agreement”) sets forth the obligations relating to your use of the website www.ironconnect.com (the “Site”), which is owned and operated by Auction Resource, LLC, a Nebraska limited liability company (hereinafter “Company” or “we”, “us”, “our”, etc.). Please read this Agreement carefully before using the Site. Your use of the Site is expressly conditioned on your acceptance of this Agreement. Do not use this site if you do not fully agree with the terms and conditions set forth herein. If you have any questions about this Agreement, please email info@auctionresource.com .

THIS AGREEMENT HAS IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE.

  1. Use of Site.

You shall use the Site only for legitimate purposes as the Site is intended to be used. You shall provide only truthful and accurate information to the Site and you are prohibited from transmitting or uploading any information that contains a virus, bug, or other harmful item. You will not violate any copyright or other law with respect to your use of the Site. You will not take any action that will interfere with the proper working of the Site or, in the Company’s sole discretion, impose an unreasonably large of disproportionate load on the Site’s infrastructure.

By accessing or using https://auctionresource.com/, any subdomain or page thereof, and/or accessing, using, downloading or installing any other website, mobile application or other digital property with an authorized link or reference to this Agreement (each of the foregoing, a “ Digital Property”), or registering an account or accessing or using any content, information, services, features or resources available or enabled via any Digital Property (collectively with the Digital Properties, the “ Services”), including but not limited to clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.  If you do not agree to be bound by this Agreement, you may not access, download, post information to, obtain information from or otherwise use the Services.

Your use of the Services is also subject to Company’s Privacy Policy, any additional terms, conditions and policies that we may from time to time separately post regarding the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate Terms of Service (“Third-Party Terms”) that differ from ours.  By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.

Company reserves the right to modify this Agreement or Company’s policies relating to the Services at any time, effective upon posting of an updated version of this Agreement, and/or Company’s Privacy Policy, and/or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes, and Company is not required to give specific notice of such changes to you other than the posting to the Services of the updated terms containing such changes.

  1. Site Account.

If you register an account on the Site or were registered by an Auction Resource employee and are using the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are not permitted to allow third parties to access the Site from your account, and you are not permitted to access areas of the Site which require registration using someone else’s account.

When registering an account for the Services or directing Company’s representatives to register an account on your behalf (“Account”), you agree to provide, either directly or through information provided to Company’s representatives, only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary, including but not limited to immediately updating any Registration Data that becomes false or incorrect after it is submitted. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities, whether or not authorized by you, that occur under your Account or using your login credentials. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Company immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account, or direct Company’s representatives to create an Account, using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Company service at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Company.  This Agreement applies to any and all uses of the Services by you, whether or not you create an Account or access the Services using your Account.

  1. Age.

Children under 18 years of age are not permitted to use this Site and/or provide any personal information on this Site. You agree that you are at least 18 years old. Furthermore, if you enter into any online transactions on this Site, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Site.

  1. Privacy.

You have read and agree to the Site’s Privacy Policy.

  1. Intellectual Property Rights.

All right, title, and interest in and to the Site, together with its content, codes, sequences, derivative works, organization and structure, any documentation, data, or other related materials (collectively, the “IP”), is, and at all times shall remain, the sole and exclusive property of Company and/or any third parties from which Company has licensed portions of the IP, if any and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and other intellectual property rights and unfair competition laws. You must treat the IP like any other copyrighted material and you may not copy, reproduce, or distribute the IP, electronically or otherwise, for any purpose without the express written permission of Company.

You will promptly notify Company of any unauthorized use of the IP by any person, company, or other entity and will participate as needed in the investigation of any potential infringement thereof.

 

You agree to cease and desist any and all use of Company’s IP upon written demand by Company or upon termination of the Agreement.

Company’s name and other related graphics, logos, service marks and trade names used on or in connection with the Services and/or goods are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and/or goods.

Subject to this Agreement, Company grants you a limited license to use the Services solely for their intended purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Company, its suppliers and service providers reserve all rights not granted in this Agreement.  The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Company pursuant to this Agreement, and Company has no obligation to give you any notice of such termination.

  1. User Content.

You have the ability to submit user-created content (“User Content”) to the Site as equipment listings, parts listings, service listings, discussion board postings, or other content. For all User Content submitted to the Site, you hereby warrant and represent: (i) that you own or otherwise control all of the rights to the User Content that you submit; (ii) that the User Content is accurate; (ii) that use of the User Content you supply does not violate this policy and/or the terms of use of this Site; (iii) that use of the User Content by Company, anyone authorized by Company, and/or Site users, as applicable, will not violate the intellectual property rights of any third party, (iv) that you will indemnify Company for all claims resulting from User Content you supply, (v) and that you grant to Company, anyone authorized by Company, and/or Site users, as applicable, an unlimited, non-exclusive, right to use and download User Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and digital storage) for any purpose. The foregoing permission includes the right to identify you as the author of the User Content by name, email address or screen name, as we deem appropriate. You hereby waive the right to any compensation for the use of User Content.  You hereby ratify and acknowledge that the you agree to the foregoing provisions with respect to all User Content submitted to the Site subsequent to October 26, 2020 and hereby waive any claims to all User Content submitted to the Site subsequent to October 26, 2020.  Note that other users may search for, see, use, modify and reproduce User Content that you submit to the Services.

For any third-party User Content that you download or use through the Site, you agree that: (i) you will not violate any intellectual property or other laws with respect to the User Content, and (ii) the owner of the User Content will be the owner of any derivative works, modifications, or updates made by you.

The Site and/or the Company do not make any representations as to the functionality, operations, truth or accuracy of any third-party User Content. The Site and/or Company does not review or approve all User Content before it is posted and uploaded to the Site. You understand and acknowledge that said information is not verified and/or endorsed by the Site and/or Company. The Company has not reviewed, and cannot review, all of the User Content uploaded by users. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, bugs, and other harmful or destructive content. User content may contain technical inaccuracies, offensive materials, or material that violates third party intellectual rights. The Company disclaims any responsibility for or knowledge of any such violations in any User Content.

You use all User Content and interact with other Users at your own risk, and by your use or access of the Services you hereby assume all such risks. Without limiting the foregoing, Company reserves the right in its sole discretion to pre-screen, refuse, or remove any content for any reason. Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable, in Company’s sole discretion. You do not have the absolute right to provide User Content and the Company reserves the right to remove any unacceptable User Content from the Site, in its sole discretion. The following list is an illustrative, but not exhaustive, list of guidelines for User Content. No User Content may: (i) defame, abuse, harass or threaten others; (ii) promote, advocate or support any illegal activities; (iii) include any vulgar, indecent, obscene, or sexually explicit images, language, or data; (iv) include bigoted, racially offensive, or hateful statements; or (v) violate any applicable law. Additionally, the Company further reserves the right to remove User Content that is not germane to the purpose of the Site.

COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

  1. Disclaimer of Warranties and Conditions.

To the maximum extent allowed by law, the Company and the Site make no warranty of any kind regarding the Site and/or materials provided on the Site, all of which are provided on an “as-is” basis. Many of the links, articles, and other data on the Site are provided by third parties, and the Company and/or the Site does not warrant the truth or accuracy of any statements on the Site. The Company and the Site further make no warranty of any kind regarding the links to other websites on the Site and the content present at said links, all of which links are provided on an “as-is” and “as available” basis. THE COMPANY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.

We strive to use reasonable efforts to include information on the Services that is accurate and current; however, we cannot and do not guarantee the accuracy, completeness or authenticity of any information on the services and the services and the information provided thereon and thereby is presented “as-is”, “where-is” and “with all faults” and without warranty of any kind, including but not limited to any warranty as to accuracy, authenticity or completeness of information.  Further, the information on the services may include certain information or content submitted by third-parties (whether or not expressly identified as having been submitted by third-parties), including but not limited to information related to product and equipment auctions and listings (such information  and content, collectively, “third-party information”).  You acknowledge and agree that we are not in a position to control or confirm any third-party information, including but not limited to the accuracy or completeness thereof, and that, therefore, any use or reliance on third-party information by you is solely at your own risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE OTHER COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. COMPANY AND THE OTHER COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (3) THE SERVICES ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THEN THE DISCLAIMERS SET FORTH HEREIN SHALL BE CONSTRUED TO COMPLY WITH SUCH LAWS, AND SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Limitation of Liability.

The Site and/or the Company assumes no responsibility and shall not be liable for any damages that occurred based on your access to or use of the Site, including but not limited to (i) damages to your computer equipment or other property that may result from viruses, bugs, or any cause; and (ii) any and all losses, injuries, or claims of any kind resulting directly or indirectly from your use of the Site.

The Services may from time to time display or otherwise provide third-party links to websites or other digital properties controlled by persons or entities other than the Company.  When you click on a third-party link, we will not warn you that you have left the Services. The Company does not control and is not responsible for third-party links or any content or other material that you may encounter by clicking on such a link. The Company provides these third-party links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. YOUR USE OF ALL THIRD-PARTY LINKS IS SOLELY AT YOUR OWN RISK YOU HEREBY AGREE TO ASSUME ALL SUCH RISKS.

You accept sole and complete responsibility for: (a) the selection of the Site to achieve your intended results; (b) your use of the Site; (c) the results obtained from the Site; (d) your selection, use, download, or review of any third party User Content; (e) the terms and conditions of any transaction with any other user through the Site; and (f) the quality and condition of any products you purchase or obtain from any other user through the Site. You shall not assert any claims against the Company based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR THE ACTIONS OR CONDUCT OF ANY USERS OF THE SITE, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) FIFTY DOLLARS ($50.00 US Dollars). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY'S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL BE CONSTRUED TO COMPLY WITH SUCH LAWS AND SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.

  1. Indemnification.

To the maximum extent allowed by law, you shall defend and indemnify Company, its affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, “the Company Parties”) and hold the Company Parties harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) of any nature whatsoever, expressly including but not limited to consequential damages, losses and costs, relating to or arising out of any claims concerning: (a) User Content; (b) your use or misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by the Company Parties or for the Company Parties’ gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this Section will survive any termination of your Account, this Agreement or your access to the Services.

  1. Your Interactions with Other Users.

The Company is not responsible for the conduct of any User. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND/OR TRANSACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS AND FINANCIAL CONDITIONS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR THE QUALITY OF ANY PRODUCTS OR SERVICES OFFERED BY ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND/OR ANY PRODUCTS OR SERVICES THAT ANY USERS OFFER, SELL, OR TRADE ON THE SITE. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the site or meet in person, or if you decide to send money to or enter into a transaction with another user.

  1. Procedure for Making Claims of Copyright Infringement.

If you believe content posted on the Services infringes your copyright rights, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Correspondence regarding notice of claims of copyright infringement should be addressed to: Endacott, Peetz, Timmer & Koerwitz PC LLO, Attn: Kent Endacott, 5825 S. 14th Street, Suite 200, Lincoln, Nebraska 68512.

  1. Termination.

At its sole discretion, Company may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third-party. In addition to suspending or terminating your access to the Services, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you.  Additionally, all of your obligations and Company’s rights that should by their nature survive termination of your use of the Services, including but not limited to your warranty and indemnification obligations, the disclaimers and limitations on Company’s liability, and the license granted by you in User Content, shall survive and continue in full force and effect.

Company may, in its sole discretion and without proper notice, terminate your access to the Site and/or block your future access to the Site if Company determines that you have violated the Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

  1. Arbitration Agreement. 

Please read the arbitration agreement (“Arbitration Agreement”) below carefully. It requires you to arbitrate most disputes with Company and limits the manner in which you can seek relief from claims against Company.

You agree that any dispute between you and Company relating in any way to the Services, our advertising or marketing practices, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST COMPANY ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.

Any dispute arising out of or related to this Agreement will be resolved by binding arbitration in Lincoln, Nebraska, in accordance with the commercial arbitration rules of the American Arbitration Association.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.  This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Company. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to Company.

  1. Waiver of Jury Trial. 

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AND/OR FOR INTELLECTUAL PROPERTY MATTERS) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

  1. Waiver of Class or Consolidated Actions. 

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Notwithstanding anything to the contrary herein, in the event that this section is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we shall be entitled to arbitration of such claim or dispute and instead the applicable claim or dispute shall be resolved in a court as above.

  1. Applicable Law.

The laws of the State of Nebraska, without reference to Nebraska’s conflict of law principals, shall govern this Agreement and all of the transactions contemplated by it, as well as all matters arising out of or relating to it, including without limitation claims as to its validity, interpretation, construction, performance, and all claims sounding in tort. Any legal action or proceeding with respect to this Agreement or any document related hereto shall be brought only in the circuit courts of Nebraska, or the United States District Court for the District of Nebraska, and, by execution and delivery of this Agreement, each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The Parties hereby irrevocably waive any objection, including, without limitation, any forum non conveniens, which any of them may now or hereafter have to the bringing of such action or proceeding in such respective jurisdictions.

  1. Electronic Communications.

You agree that the communications between you and Company will be by electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

  1. Assignment. 

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  1. Force Majeure. 

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

  1. International Users.

The Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

21.  Complaints by California Citizens.

 

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

  1. Equal Access.

We are committed to ensuring that people with disabilities have equal access to, and can benefit from, all our public-facing services. We believe the accommodation process should be as uncomplicated as possible and respect the dignity and privacy of the client. We strive to build accommodation for clients with disabilities proactively into our processes and practices. If a client wishes to request accommodation for a disability, they can contact us at info@auctionresource.com. We will either assist the client with making the request or refer the client to the appropriate person.

  1. Entire Agreement.

This Agreement, together with Company’s Privacy Policy, any applicable supplemental terms and third-party terms, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

The effective date of this Terms of Use Policy is: October 27, 2020.


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